1. You must agree to these
Terms of Use
These terms of use (Terms of
Use) contain important information about this Rio Tinto Buy Local portal (Portal).
To continue using this Portal you must agree to these Terms of Use by ticking
the box below.
2. Definitions
Unless otherwise specified or
required by the context, any reference in this Portal to:
(a) Rio
Tinto group means the dual listed company structure incorporating Rio Tinto plc and Rio Tinto Limited and including:
(i) any related body corporate of Rio Tinto plc or Rio Tinto Limited;
(ii) any unincorporated joint venture in which Rio Tinto plc or Rio Tinto Limited or any related body corporate of Rio Tinto plc or Rio Tinto Limited has a participating interest of not less than 50%; and
(iii) any body corporate or unincorporated joint venture managed by Rio Tinto plc or Rio Tinto Limited or any related body corporate of Rio Tinto plc or Rio Tinto Limited.
(b) You or your means
the relevant person or entity that is accessing all or part of this Portal.
3. General
Rio Tinto has introduced this
Portal to allow businesses to view expressions of interest (EOIs) for
goods and / or services required by Rio Tinto from time to time, and to allow
eligible businesses (i.e. those that have completed the registration process)
to submit responses to those EOIs.
Rio Tinto will decide, in its
absolute discretion, which businesses that have responded to an EOI will be
invited to respond to a Request Document issued by Rio Tinto for the
supply of goods/services that it requires (which may be through a request for
information (RFI), a request for proposal (RFP), a request for
tender (RFT) a request for quote (RFQ) or any other form of
request document issued by Rio Tinto).
Uploading or posting a response
to an EOI does not guarantee that Rio Tinto will invite you to respond to a
Request Document or that Rio Tinto will ultimately issue you with a Purchase
Order or enter into a Contract with you. Rio Tinto reserves its absolute
discretion in respect of these matters and will have no liability to you as a
result of any decision to award or not award a contract to you.
If, however, you are successful
in your response to a Request Document, you are still required to satisfy Rio
Tinto's other conditions before you can supply goods/services to Rio Tinto,
including completion of a supplier qualification assessment (at your cost).
You, as one of Rio Tinto's
potential suppliers, play a vital role in helping Rio Tinto deliver on the
promises it makes. You must ensure that you comply or otherwise act in a manner
consistent with Rio Tinto's policies entitled 'The way we work', 'The Supplier
Code of Conduct' and the 'Business Integrity Standard', which are available at:
http://www.riotinto.com/aboutus/policies-standards-and-guidance-5243.aspx.
4. You must keep your
account details safe
When or if Rio Tinto provides you
with a user identification code, password or other piece of information as part
of Rio Tinto's security procedures to enable you to access areas of this Portal
or other content or services, you must treat such user identification code,
password and information as confidential and not disclose them to any other
person.
Rio Tinto reserves the right to
disable any user identification code or password, whether chosen by you or allocated
by Rio Tinto, at any time, if in Rio Tinto's reasonable opinion you have failed
to comply with any of the provisions of these Terms of Use.
If you know or suspect that
anyone other than yourself has become aware of your user identification code or
password, you must promptly notify Rio Tinto.
5. What Rio Tinto may do
Rio Tinto:
(a) may
amend these Terms of Use in its absolute discretion at any time by publishing a
revised version of the Terms of Use on this Portal. Every time you wish to use
this Portal, please check these Terms of Use to ensure you understand the terms
that apply at that time;
(b) does
not guarantee that this Portal, or any content on it, will always be available
or be uninterrupted. Rio Tinto may suspend, withdraw or restrict the
availability of all or any part of this Portal in its absolute discretion at
any time; and
(c) may update and change this
Portal in its absolute discretion at any time.
6. Using this Portal
When using this Portal and
participating in any EOI made available on this Portal you must not:
(a) create
or impersonate another person or entity, or misrepresent your or their
authority to act;
(b) make any
false or misleading claim, statement or other representation;
(c) violate any applicable laws,
including laws regarding the offering of bribes or inducements;
(d) do
anything which will or might disrupt access to, or interfere with the proper
operation of this Portal, or any transaction being conducted on it;
(e)
misuse this Portal by knowingly introducing viruses, trojans, worms, logic
bombs or other material that is malicious or technologically harmful;
(f)
attempt to gain unauthorised access to any part of this Portal that is
restricted from general access or which you do not have access to, the server
on which this Portal is stored or any server, computer or database connected to
this Portal;
(g)
attack this Portal via a denial-of-service attack or a distributed
denial-of-service attack;
(h) upload, post or send any
'spamming material' or any other form of bulk communication;
(i) undermine or attempt to
undermine the security or integrity of the computing systems or networks
associated with this Portal or Rio Tinto IT systems;
(j) attempt to decompile, or
reverse-engineer any part of this Portal;
(k) do anything which breaches or
infringes Rio Tinto's intellectual property rights in any way; or
(l) upload or post any content in
violation of applicable laws or the rights of any other person, including material
which is protected by copyright, material that is defamatory, threatening or
obscene, or material protected by trade secrets or privacy.
If Rio Tinto, in its reasonable
opinion, believes you have breached or attempted to breach any of these provisions,
Rio Tinto reserves the right to:
- report this to the relevant law
enforcement or regulatory authorities (if appropriate) and will co-operate with
those authorities, including the disclosure of any personal or business
information you have provided to us (including your identity) if requested; and
-
immediately remove your access to and right to use this Portal and prevent you
from re-registering.
7. Indemnity and exclusion
of liability
To the maximum extent permitted
by law, Rio Tinto:
(a)
excludes all implied conditions, warranties, representations or other terms
that may apply to this Portal or any content on it; and
(b) will
not be liable to you for any loss or damage (including for any indirect or
consequential loss) whether in contract, tort (including negligence) breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with your:
(i) access to, termination of
access to, use of or inability to use, this Portal;
(ii) use of, or reliance on, any
content displayed on this Portal; and
(iii) breach
of these Terms of Use or any other legal obligation you have, and you agree to
release, indemnify and hold harmless any of Rio Tinto (and its directors,
employees, agents, contractors and related entities from and against any such
loss or damage suffered.
8. Intellectual property
Rio Tinto is the owner or the
licensee of all intellectual property rights in this Portal, and in any content
published on it. You must not reproduce, alter, modify or disseminate any part
of the content of this Portal (including any trademarks or logos) without the
prior written consent of Rio Tinto. All intellectual property rights are
expressly reserved by their respective owner. In the event of a breach of this
provision, your right to use this Portal will cease immediately.
9. Links from this Portal
Where this Portal contains links
to other websites and resources provided by third parties (which Rio Tinto may
amend from time to time), these links are provided for your information only
and such links should not be interpreted as endorsement or approval by Rio
Tinto of the content of those linked websites or resources or information you
may obtain from them. Rio Tinto has no control of those websites and resources
and will not be responsible for the security, content, accuracy or otherwise of
those websites or resources or information obtained from them.
10. Linking to this Portal
You are not permitted to
establish a link to this Portal in any website without the prior written
consent of Rio Tinto, such consent being in Rio Tinto's absolute discretion and
on whatever terms and conditions Rio Tinto may think appropriate. Rio Tinto
reserves the right to withdraw any consent granted without notice.
11. Do not rely on
information on this Portal
Although Rio Tinto makes
reasonable efforts to update the information on this Portal, Rio Tinto makes no
representations, warranties or guarantees, whether express or implied, that the
content on this Portal is accurate, complete, up to date or useful for any
particular purpose.
12. Privacy Statement
Rio Tinto will process personal
information that you upload or post to this Portal (including as part of your
registration or in your responses to EOIs) in accordance with the Rio Tinto
Data Privacy Standard, which is available at: http://www.riotinto.com/privacy-2141.aspx.
If you are engaged as a supplier,
then the Supplier Privacy Notice contains more information about the processing
of personal data relating to suppliers ' see on the Procurement page of the Rio
Tinto website at http://www.riotinto.com/procurement/policies-and-documents-17814.aspx.
13. Release of Business
Details
You grant Rio Tinto the right to
share information relating to your business, in particular business contact
details and capability information that has been provided through the portal (Business
Information) to other companies within Rio Tinto's supply chain. These
companies may use your Business Information to contact you regarding additional
opportunities to provide goods or services to them as part of the broader Rio
Tinto supply chain. If the Business Information includes individual contact
details of your owners or staff members (which is personal data under the Rio
Tinto Data Privacy Standard), Rio Tinto expects that you will (a) make the
relevant individuals aware of the Supplier Privacy Statement (referred to in
clause 12), and (b) that their contact details will be released to other
companies within Rio Tinto's supply chain in accordance with this clause.
Please notify Rio Tinto in writing at riotintobuylocal.WA@riotinto.com
if you do not want to share your Business Information.
14. Rights you are giving
us to use material you upload or post to this Portal
You grant to Rio Tinto a
worldwide, irrevocable, non-exclusive, royalty-free licence to use, edit,
reproduce, adapt, publish, translate and distribute by any existing or future
means any information/material you provided to us through this Portal for the
purpose of evaluating your capability to supply goods and services to Rio Tinto
and to enable Rio Tinto to collect, store and analyse this information/material
for the purposes of internal analysis and reporting. Any external reports we
prepare from the information you have provided to us will only contain
non-identifying aggregated information.
15. Rio Tinto not
responsible for viruses
Rio Tinto does not guarantee that
this Portal will be secure and free from bugs or viruses. You should use your
own virus protection software. You are responsible for configuring your
information technology, computer programmes and platform to access this Portal.
16. Governing Law
These Terms of Use, your
registration on and use of the Portal are governed by the laws of the State of
Western Australia. You agree to submit to the non-exclusive jurisdiction of the
Courts exercising jurisdiction there in connection with matters concerning
these Terms of Use.
17. Where Portal is hosted
This Portal is hosted in Amazon
Web Services (AWS), Sydney.